One potential reason for real estate disputes in North Dakota has to do with boundary lines. Often, the issue involves trees. People want to know what rights they have when it comes to trimming a tree that may be on someone else’s property.
For example, perhaps your neighbor has a tree close to the property line, but it is technically on their side. The branches overhang onto your property, which you do not like and believe to be unsafe. After all, a branch could fall on your home or into your yard, where your family spends time. Are you allowed to trim your neighbor’s tree or not?
Only on your side of the line
As a general rule, you can trim the tree, but only up to the property line. You are allowed to cut the overhanging branches, whether it is for aesthetic reasons or safety concerns.
What you can’t do is go onto your neighbor’s side of the property line to trim those branches. If you extensively trim the entire tree, especially if you trespass while doing so, it could be considered a violation of their property rights.
Additionally, you can’t trim your side of the tree in a way that causes significant harm. For instance, if you damage the trunk while cutting branches and the tree ends up dying, your neighbor may have grounds to claim that you caused serious harm to their property, even if you never physically stepped onto their land. You must be cautious and take reasonable care to avoid damaging the tree itself.
These types of real estate disputes can become complex and costly, so it is important to understand your legal options.